A ‘PATHETIC’ man who brandished a knife after witnessing an argument at a takeaway has walked free from court.

Judge Beverley Lunt said she didn’t believe Daniel Thomas Allen, 39, ‘would survive prison’ but decided to suspend a six-month prison sentence for six months.

Burnley Crown Court heard how police were called to a takeaway in Union Road, Oswaldtwistle, on October 19 following reports of a disturbance.

When they arrived they found Allen, of Union Road, in Oswaldtwistle, in a distressed state with a knife.

Prosecuting Emma Kehoe said: “When the officers spoke to Mr Allen he had a knife in his possession which the takeaway owner said had been removed from his pocket when an argument was ensuing in the takeaway shop. The argument didn’t involve the defendant. The knife wasn’t waved. Nobody was threatened.

“In police interview the defendant told them he had it in his possession because he was afraid he was going to be attacked.”

Allen, said: “When the police came to my house to arrest me I was scared. I didn’t even know if they were the police. People had been banging on my door and harassing me. That is why I had the knife. I would never use a knife to hurt somebody.”

Allen pleaded guilty to possessing a bladed article in a public place. But Miss Kehoe said because of a previous conviction for a weapons offences his latest conviction meant he was eligible for a mandatory six-month sentence.

Defending, James Heyworth said his client was capable of staying out of trouble.

He said: “He strikes me in the short time I have known him as a bit of a pathetic figure.

"His perception of the world is perhaps different from the majority of peoples.

“Not withstanding the hot water he has put himself into he’s capable of staying offence free.”

Judge Lunt said: “I am going to suspend the sentence.

"He is not going to survive prison.”